RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05598
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill benefits to his
dependents.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was on terminal leave at the time the Post-9/11 GI Bill
transfer benefit was announced. He applied for the benefit;
however, his eligibility was not approved until after his
retirement date of 1 September 2009.
In support of the appeal, the applicant submits his certificate
of eligibility.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 1 September 2009 in
the grade of lieutenant colonel.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. Any member of the Armed Forces
who, on or after 1 August 2009, who is eligible for the Post-
9/11 GI Bill, has at least 6 years of service on the date of
election my transfer unused Post-9/11 benefits to their
dependents. Service Secretarys were required, as of 22 June
2009, to provide and document counseling regarding these
benefits. The Air Force issued AFGMI on 23 July 2009, which
required pre-separation counseling be documented on DD Form
2648. However, the Air Force did not seek out members who were
already on terminal leave, or had already completed separation
counseling.
The Air Force developed a communication plan that used the Air
Force Personnel Commander and the Education and Training
Sections at each installation to serve as spoke persons to
communicate the Post-9/11 GI Bill transfer program. There were
various articles regarding the requirement to be on active duty
on 1 August 2009 to be eligible for this benefit. Since
1 August 2009, the Air Force has approved 50,000 transferability
applications.
The applicant did not provide adequate justification. He
applied for the Post-9/11 GI Bill but did not initiate a
transfer of that benefit through the Defense Manpower Data
Center (DMDC) website. There is also no record of the transfer
in the members records. If the Board finds there was an
injustice to the extent that he did not receive adequate pre-
separation counseling as required, and was not personally
notified about the need to transfer the benefit while serving in
the Armed Forces, the Board may approve the request.
The complete DPSIT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant appreciates the opportunity to respond to the Air
Force advisory and points out that he could not transfer his
benefits via the DMDC website until he established his
eligibility through the Veterans Affairs. His eligibility was
not confirmed until 13 November 2009, well after his retirement
date making it impossible for him to transfer his benefits while
on active duty.
The applicants complete response, with attachments, is at
Exhibit D.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record and the applicants
complete submission, we are persuaded that relief is warranted.
In this respect, we note the applicant has provided
documentation substantiating he applied for his eligibility
through the VA and then initiated the Transfer of Education
Benefits (TEB) request for his dependents. Given the
circumstance that his eligibility request was not approved until
after his retirement and the fact that he did take affirmative
action to transfer his educational benefits, we find a
sufficient basis to conclude that he has been the victim of an
injustice and therefore, recommend the records be corrected as
indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
30 August 2009, he elected to transfer his Post 9/11 GI Bill
Educational Benefits.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-05598 in Executive Session on 24 September 2013,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Nov 12, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 12 Dec 12.
Exhibit C. Letter, SAF/MRBR, dated 11 Jan 13.
Exhibit D. Letter, Applicants Response, dated 4 Feb 13,
w/atchs.
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